TWENTY YEARS have passed since a jury unanimously found that Troy Davis should be executed for the brutal slaying of a Savannah police officer.

All appeals have since been exhausted. What’s more, the U.S. Supreme Court gave Davis an extremely rare opportunity last year to show a federal judge in Savannah that he was wrongly convicted. His lawyers had the ability to call witnesses in his behalf. They were given every chance to poke holes in the state’s case, including their claim that witnesses recanted their original testimony.

What was U.S. District Judge William T. Moore’s conclusion?

“Mr. Davis is not innocent.”

You can’t make it simpler than that.

Now it’s time for punishment that’s legal under Georgia law to be carried out.

Many death-penalty foes are appalled by this outcome, which is their right. But capital punishment is still permitted in Georgia. The place to fight the death penalty is before the Georgia Legislature, not the courts.

On Tuesday, a Chatham County Superior Court judge signed the death warrant for Davis. It marks the fourth time since 2007 that the state has scheduled an execution — and it still may not be the last word, as an appeal for clemency to the Georgia Board of Pardons and Paroles is likely.

But Davis has been to the parole board before. If this last-ditch request falls on deaf ears, it appears he could be executed between Sept. 21 and Sept. 28.

Davis is now 42. He was 22 when he convicted of murdering Savannah Police Officer Mark MacPhail, 27, a husband and father who was gunned down while coming to the aid of a man who was being attacked by thugs near the downtown bus station.

There’s no question that Davis has been well-served by some highly skilled attorneys who oppose the death penalty. They have filed numerous appeals regarding the trial and the testimony, and their zeal has been impressive. But facts are facts and the law is the law.

Spencer Lawton, who served as Chatham County district attorney when Davis was prosecuted, wrote a letter to the editor in March, spelling out what happened two decades ago before the jury. It’s worth repeating.

“The jury found beyond a reasonable doubt that Troy Anthony Davis shot and wounded a man at a party earlier in the evening, then pistol-whipped a homeless man. When Officer Mark MacPhail, who was off duty, intervened to help the beating victim, Davis killed the officer, shooting him three times — once in the face after he was down to “finish him off.”

The death penalty, once administered, can never be rescinded. That’s why appeals are automatic and why it’s wise to take a close look at every case.

Davis was the beneficiary of several close looks. Now perhaps justice can be served.

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I hope you don't consider yourself a "good journalist" with the way you have obviously come across as racial biased in your article. It's no wonder so many in the South and across the country still wonder if racial divides will ever mend. I hope you take a step back and look at your own life before deciding you have a right to shout praises for a man's death. Unless you were there at that fateful hour, I don't think you should be advocating a man's death. Just because his appeals haven't been taken to kindly does not mean he is lacking innocence! People are put to death in this country far too often for crimes they did not commit but the judicial system "needed" a fall guy! I hope you think about how you would see this if it was you or one of your loved ones possibly wrongfully accused! May you one day learn to have compassion on your fellow man - no matter their color. NO ONE wins here - not the McPhail family and not Mr. Davis. There is no peace that can come from two people dying! Only people that have so much hate in their hearts would wish ill for another person.

No where in the above article did the journalist say anything at all which was racially biased, more then likely you were imposing that label so that your points could insight racial backlash. Shame on you BB for trying to make this anything more then a street thug who was convicted of murdering an off duty policeman who came to the aid of someone being attacked. The fact that Davis has become a Christian is commendable but does not diminish the pain he caused and the right that the State of Georgia has to administer justice. Perhaps your feelings would be different if your Father was the one laying on the ground when Davis shot him in the face to finish him off.

@beyondbelieve, you are the one mentioning race. Perhaps you could read transcripts and digest all of the evidence, as did the jury, before you make vacuous opinions. You have your beliefs and so do others, no one is right, no one is wrong unless they sat on the jury and heard the evidence. The jury decided, federal judges decided, supreme court decided and now hopefully the pardons and parole will decide the correct course. The convicted murderer has lived 22 years longer than Officer McPhail was allowed. That is because of TAD and his disregard for life and the law.

After reading the comments on a couple of articles regarding Mr. Troy Anthony Davis, I’ve come to the conclusion some of you are so pitiful and FULL of hatred. It’s amazing that some of you are not concerned about JUSTICE being served for the murder of Officer MacPhail (RIP) & his family, but are using this as an opportunity to display hatred.
Although my heart goes out to the MacPhail family, but I truly believe that Troy Davis is innocent and WILL NOT be executed!

“Science may have found a cure for most evils; but it has found no remedy for the worst of them all - the apathy of human beings. “-Helen Keller

It is time for his punishment to be carried out. Plain and simple. He was convicted and that conviction stood up to the SUPREME COURT OF THE UNITED STATES! For goodness sake, stop trying to make this a racial issue and one where there was no evidence. That is BULL. This is a criminal issue. A man CHOSE to callously take the life of another and now all these "groups" whine because he is being punished by the rules of law? I thank God that he is not on the street still depriving others of their lives and children of their fathers.

The sympathy toward Troy Anthony Davis is misplaced; he has been found guilty,has had his case reviewed maybe more than anyone in history, and at every level the decision of the jury has stood the test. Last summer all his sister wanted was an evidentiary hearing; he got that but once again wasn't able to prove anything toward exonerating him. Afterwards his attorneys, and the organizations paying for them must have deeper pockets than the United States government, then wanted another chance, which of course they did not get. The board of pardons and paroles have turned him down already; in my opinion they should not have even given him another shot because he has been all the way to the supreme court and has not been able to get anyone to believe that he is innocent. The jury spoke almost twenty years ago and their voices have been upheld all along the way. How at this point in the situation could the board of pardons and paroles have any jurisdiction over a case that has been heard in about 30 courts and at every level? People who know NOTHING about the case have rung in, all the way to the Vatican. He has been proven guilty and appropriately sentenced; meanwhile the MacPhail children have had a life sentence of no father yet who speaks for them? NO ONE wants to execute an innocent man but how many times must a court speak before justice finally is served in this case? I can tell you about innocent people being convicted of a crime that they couldn't possibly commit - that's the three white soldiers who left Ft Stewart for a bachelor celebration the night before one of them was to be married and got caught up in a web of frantic rush to judgment pressured by a certain group here - now THERE is a clear cut case of wrong decision and they have NEVER been able to get anyone to hear them. So we have a convicted murderer based on the evidence presented and we have three young soldiers convicted even though witnesses put them in other places at the exact time of the crime. Who has had a miscarriage of justice?

"Many death-penalty foes are appalled by this outcome, which is their right. But capital punishment is still permitted in Georgia. The place to fight the death penalty is before the Georgia Legislature, not the courts.

Change a few words and you could very well have seen a similar admonishment on the editorial pages of the SMN 60 years ago...

"Many segregations foes are appalled by this practice, which is their right. But segregation is still permitted in Georgia. The place to fight for equality is before the Georgia Legislature, not the courts."

I support the death penalty. I don't know if Troy's lawyers are so skilled. They had plenty of time to subpoena the witnesses who had recanted their earlier testimonies--I can't remember how many they got. They had ample time to attempt to track down "Red" Somebody--another witness at the Burger King/bus station that night. Red was found to be in possession of a handgun that matched the caliber of the one used at the party. When asked where he got the gun, he said he "found it". Red may have been the one who actually pistol-whipped the guy. He is/was a very suspicious person to me. Troy, up until that night, seems to have been a hard worker and an exemplary citizen and family member. Also, there seems to have been evidence of police coercion in the original testimonies. The SPD lost one of their own and they were out to close the case quickly. Maybe Troy was in the wrong place at the wrong time. I knew the MacPhail family in the early 90s, while some earlier appeals and hearings were going on. I am very sorry for them. And all I know about the case is what I've read online 22 years later, but based on that I have reasonable doubt. If I were on the jury for a retrial, I could not vote to convict. If I were the governor, I'd have to commute his death sentence. May God's will be done.

After reading some of these comments, all I can say is way. Especially the one stating that he was found guilty by a jury! And that means what? Casey Anthony was found not guilty, do you believe justice was served in that case? This is crazy. This country hasn't evolved any in the last 100 years...

the good ole SMN to stir the pot by trying to tidy up its editorial with the title of "Punishment Time". Who are y'all kidding? Punishments don't result in somebody losing their life, executions do that. Troy's lawyers didn't have the opportunity to question Sylvester Red Coles who was brought to the evidentiary hearing by the State. Why? Maybe he(Coles) wasn't prepped enough and the State was concerned about what he might say. It's no secret that Coles is not the most stable person. The supposed flight from this city by Troy could possibly been related to death threats to him and his family by Coles. Coles was the one with the pistol. SMN has been inconsistent in the matter it has presented this story from day one. Your editorials and your news stories are not in alignment with each other.

During the post-conviction habeas process, Davis’ ability to gather evidence & to provide an innocence claim was hampered by a two-thirds budget cut for the Georgia Resource Center, reducing the number of staff attorneys to two, which were representing 80 prisoners.

In addition, due to the Anti-Terrorism & Effective Death Penalty Act, time limits on access to the federal appeals process by death-row prisoners severely hurt Davis’ case.

There was no evidence provided by the prosecution other than witness testimonies that were later recanted, with claims that their original statements were coerced by police.

When a person is executed there should be NO DOUBT that the person has committed the crime. Anything short of that is MURDER.

From what I’ve researched on this case, dancing on Troy Davis’ grave is incomprehensible & in poor taste.

Yes, 7 of 9 witnesses have changed or contradicted their original testimony unofficially, but none have recanted as required by law. In June of 2010, ol' RAH and his attorneys were given the opportunity to present new evidence at a hearing in federal court in Savannah. They chose not to call some of the "witnesses" even though they were present in the courtroom. They also chose not to call Sylvester Coles as a witness or to have RAH testify in his own defense. That is because he is guilty, guilty, guilty.

No Sean, I do not believe Rah should be put to death because of what "some say." I believe he should be put to death because he was convicted by a jury. This conviction has been upheld through a series of appeals and hearings lasting 23 years. This is no rush to judgement. He has had his day in court and another day and another day and ........

Troy has been being "punished" for the past 22 years. He has been removed from society, lost his freedom to live as a free man, lost most of his rights - he has been being "punished" in prison for 22 years. He has been isolated on death row. He has few choices about anything - what he eats, where or when he sleeps, what he wears, how his health is taken care of - very basic things all of us take for granted. Many do not believe or understand the torture of being in prison. Life without hope is very, very difficult to live.

I agree that those who commit crimes must be "punished" and for some prison and even death are determined to be the punishment society requires. I also understand that Mark Macphail's life was ended and he has not been able to do any of the very simple things we all take for granted.

This editorial seems to imply that Troy has not been "punished" during the past 22 years and that now it is time for him to be "punished". That is simply not the case.

Well boo hoo for Troy. At least his family could visit him. Whatever Troy got to enjoy, whether it was cigarettes, food, TV, fun and games with the other prisoners, all was denied to officer Macphail and his family.

You are correct about any piece of life that Troy was able to enjoy was denied to Mark Macphail. That is true for any person who is killed by another human. Not every person who commits murder is "punished" by death.

I was simply objecting to the editorial's title and contention that now it was "punishment" time as if there hadn't been any up until now.

I do realize that others feel that no punishment other than death is "enough" as punishment for this crime. If there were not so many doubts, unanswered questions, and inconsistancies in this case, I probably would agree.

It does not sit well with me for my country/state to execute a man when there is so much uncertainty about his guilt.

Someone rightly posted that that courts do not write the law? Oh really? Well they are not SUPPOSED to write law but if you've kept up with decisions, particularly out of the U S Supreme Court, you will find that many of their "decisions" became de facto law. In reality the Supreme Court is ONLY supposed to decide the validity of the law in the case before them but that is not always the case. And what of the board of pardons & paroles in the Troy Anthony Davis case? If they should decide to commute the sentence they in effect will have written law because the LAW has said every step of the way that Troy Anthony Davis is guilty and his penalty was set according to law. Again, if they should commute his sentence that still would not declare his innocence because a declaration of innocence would result in his being released from prison - and tack on to that a VERY large suit or settlement with the state at guess who's expense. But he is NOT innocent and no judge nor court since his initial trial have found any reason to even order a new trial. He has played the system possibly better than anyone before him and he has had help from numerous people and groups who have no idea about the reality of his guilt. Amnesty International of course doesn't want ANYONE to pay the ultimate price for the crime of murder, the reasoning of the NAACP is obvious and of course there is Al and Jesse. IT would be interesting to know exactly how much money taxpayers have had to cough up to take care of Troy Anthony Davis all these years. It's time . . .

Perhaps there is a solution after all, we should take all the death row imates state by state load them on a plane and take them to Afganistan. put t shirts on them that says Tailiban sucks and I am glad osama is dead in the talibans language. Then put them up in front of the minesweepers, and let them walk . If they find a IED then nature will take its course. If not it's there lucky day, eventually all those cold heartless murdering criminals will meet there maker oneway or the other. Be alot better than our boys dying everyday over there and we will finally have a deterence to murder. Beside lethal injection is not as fun as watching them step on a IED..

I am wondering if Amnesty International would agree if a pariah such as Adolf Hitler would qualify as deserving the death penalty. Even though Hitler didn't actually 'pull the trigger' he is still responsible for over 10 million human lives. Read your history. He had homosexuals, Muslims, Gypsies and the mentally retarded executed, not just Jews. Can you imagine the uproar if this occured in 2011?? I will bet you a million dollars A.I. would howl and demand his head. Rock stars and entertainers will have concerts, hold hands and sing "Kum Ba Ya". But how many do you have to kill before you are deserving the death penalty?? Now I know some have been wrongfully convicted and executed in the past, but it's rare. 99% of those incarcerated will plead innocence. Troy and his family had his chance over and over and over to prove his innocence. If my son was on Death Row I'd be grasping for straws too. But I'd have to accept the fact that he messed up and he has to pay the price. It's difficult to think that your 'sweet baby' is a murderer. There's a lot of 'sweet babies' who love their mama and goes to church and gets good grades roaming the streets carrying a gun and gets in trouble. That's why I rarely go to ATMs at night. Some little punk might try to steal what I have worked hard for, and then shoot me because he thinks it'll make him a BIG man. I don't care if it is your 'sweet baby' or if he's 13 or 30. If he murders someone, he get's the needle.

Let's make Mark Allan McPhail T Shirts. They should be blue, with white block lettering saying 'I AM MARK McPHAIL' on the front, and on the back 'AND TROY DAVIS KILLED ME'. The shirt should have two bullet holes through and through, and red stains representing blood.

50 million people died as a result of WWII. Hitler never specifically targeted Muslims, in fact he allowed Reichfuhrer Himmler to recruit and arm SS battalions from among Muslims living in the Balkans, battle groups which ultimately went into combat on the Nazi side. He actually killed himself because he didn't want the Russians to capture him alive, since he felt he would have then been put in a metal cage and (as he said,) displayed naked before the masses in Moscow, a fate he said he felt was far worse than death.The Nuremberg Trials were the first time in history that the winners of any conflict felt entitled to put the losers on trial for 'crimes against humanity' and sentence them to death, even though both the English and the Americans were guilty of war crimes themselves, both for attacking 'civilian infrastructure' such as waterworks, hospitals, schools, and cities in general, and attacking civilians directly.

Amnesty International is against all death penalties and this would include Hitler if he were alive. Guilt or innocence does not matter to AI, in fact they have never stated one way or the other as to the guilt or innocence of Troy Davis.

I don't know the victim, his family or the accused; and I can only imagine the horror they have all been through these past 20 years. What I cannot imagine is how much remorse the victim's family would feel if Davis is executed and someone else was found to be guilty of Officer McPhail's murder. Many of the original witnesses have recanted. If retried today, without those testimonies, would the verdict be the same? Too many people have been held in prison for (sometimes) decades only to be found innocent of the crimes for which they were convicted. The state doesn't get a "mulligan" for putting the wrong person to death.

Troy Davis was convicted beyond a reasonable doubt that he was guilty of murdering Officer McPhail. Now all of a sudden, witnesses have recanted their testimony. Smells like a pile of bovine fecal residue to me. I think Troy Davis' family and friends approached the witnesses and offered them a pile of money to change their testimony. Once Troy was free, the family would sue the city, get a huge sum of money, and pay off the witnesses.

The U.S. Supreme Court gave Troy Davis the rare opportunity to prove his innocence last year. He had the chance, as did his attorneys to prove his innocence. They chose not to put Troy on the stand, nor call any of the former witnesses. They basically wasted the court's time and taxpayer's money. They brought nothing to the table, yet this was their absolute biggest chance to prove if Troy Davis was, in fact, innocent.

It doesn't get any clearer than that. His attorneys were definitely well skilled in that they successfully argued his case all the way to the Supreme Court of the United States. That same court gave them this rare chance and yet, Troy Davis sat there and said nothing. His attorneys brought no evidence to contradict the state's case and none of the witnesses who were waiting outside of the courtroom were ever called in to recant their testimony.

If my life was on the line, I don't care what my attorney's advised. I would speak out to the court. I would ask to call in the witnesses myself if I had to. If I were fighting for my life and I knew that I was innocent, I would not sit there quietly as Troy Anthony Davis did last year when he had just one more chance to prove it.

Innocence is not always what it seems, no matter how much we want to believe. Sometimes, proclaiming innocence is just a coward's way of not accepting responsibility for one's actions.

It's true that the English and the American forces were accused with attacking the civilian infrastructure. But hostile forces often held up in hospitals, schools and other civilian buildings. They would fire on the Allies and when the Allies attacked the enemy, naturally there was civilian casualties. It was a common practice used in WW1, WW2, Korea, Vietnam, and the Gulf War. It's even used today. It's deliberately done to make the attacking forces look bad. Though I cannot condone the other atrocities that occured. Those who committed them should be prosecuted to the fullest extent of the UCMJ. And as for me fudging the number of deaths earlier..sorry.
I didn't mean to get into the semantics of it.

Sadness.... new
By eclassie | 09/09/11 - 10:15 am
Reading some of the post...is just so sad.......thank God, I was able to move from the States....(Savannah), that is......To my own island........away from all you all hatefulness...
eclassie .

I've read a lot of the "official" court transcripts or reports and I don't recall ever reading one where any of the witnesses "officially" recanted their original testimony to any court or the Georgia Board of Pardons and Paroles.

I wonder how many of the people on here thinking TAD aka RAH may be innocent have taken the time to read anything these.

The punk [filtered word] smirk on TAD's face as he was led out of SPD Headquarters after he was arrested says it all.

I hope September 21st is his last day on earth and I hope he RIH.

As far as all of you bringing race into this, I would feel the same way if the races were reversed in this case. I would also feel the same if both were the same race regardless of which race that would be.